Terms of Services

PLEASE READ THESE TERMS OF SERVICE (REFERRED TO AS "TERMS") CAREFULLY BEFORE ACCESSING OR USING ANY PRODUCT, SERVICE, OR WEBSITE (REFERRED TO COLLECTIVELY AS "THE PRODUCT") DEVELOPED OR GENERATED BY 4 WISE MONKEY AND ITS ASSOCIATES (REFERRED TO COLLECTIVELY AS "THE COMPANY").

BY ACCESSING OR USING THE PRODUCT, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PRODUCT.

  • Acceptance of Terms
    By using the Product, you confirm that you have read, understood, and agreed to these Terms, as well as our Privacy Policy and End User License Agreement (EULA). If you are under the age of 13, you must have parental or legal guardian consent.
  • Use of the Product
    • You agree to use the Product only for lawful purposes and in compliance with all applicable laws and regulations. You may not:
    • Exploit the Product for unauthorized commercial purposes.
    • Engage in activities that disrupt or harm the Product or its users.
    • Attempt to bypass any security or access controls associated with the Product.
    • Replicate and distribute.
    • Reverse engineer the Product.
  • User Accounts
    • If the Product requires account registration, you agree to:
    • Provide accurate and up-to-date information.
    • Keep your account credentials secure and confidential.
    • Notify the Company immediately of unauthorized account use.
    • The Company reserves the right to suspend or terminate accounts for violating these Terms.
  • Intellectual Property
    All content, features, and functionality in the Product are owned by the Company or its licensors. You may not reproduce, modify, or distribute any part of the Product without explicit written consent from the Company.
  • Content Ownership and Rights
    By submitting your content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, modify, and distribute your content for operational or promotional purposes. This license will terminate upon deletion of your content or account, except where retention is required for legal or regulatory compliance.
  • Privacy
    Your use of the Product is governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By agreeing to these Terms, you also agree to the terms outlined in the Privacy Policy.
  • InApp Purchases (IAP) and Payments
    Certain features of the Product may require payment. By making a purchase, you agree to:
    • Pay all applicable fees and taxes.
    • Comply with any additional terms specific to paid features.
    • Comply with respective store policies where purchase is made.
  • Refund for IAP and Payments
    • The Company will not process any refunds directly. All refund requests must be handled through the respective store where the purchase was made within their refund policy threshold.
    • Subscription baed Payments:
      • If you purchase subscription-based features, you agree that all charged payments are non-refundable.
      • To avoid future charges, you must cancel your subscription manually through your respective store before the next billing cycle to avoid further charges.
      • The Company is not responsible for processing cancellations or issuing refunds for auto-renewed subscriptions in any case. No exceptions will be made.
  • Updates and Modifications
    The Company reserves the right to update, modify, or discontinue any part of the Product at its sole discretion. Continued use of the Product following such changes constitutes your acceptance of the updates.
  • Disclaimer of Warranties
    The Product is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. The Company does not guarantee the Product’s uninterrupted or error-free operation.
  • Limitation of Liability
    To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, punitive, consequential, or special damages, including but not limited to loss of revenue, data, or goodwill arising from the use or inability to use the Product.
  • Termination
    The Company reserves the right to terminate or suspend your access to the Product at any time, with or without notice, for violations of these Terms or other reasons deemed necessary without explanation.
    The Company may terminate or suspend your account if you violate these Terms, engage in fraudulent activities, or disrupt the Product's operations. Terminated accounts may no longer be able to access the Product and you forfeit access to any purchased digital content.
  • Governing Law
    These Terms shall be governed and interpreted in accordance with the laws of Nepal. Any disputes that are not resolved through mediation or arbitration shall be subject to the exclusive jurisdiction of the courts of Kathmandu, Nepal. Users outside Nepal acknowledge that they may be subject to Nepalese jurisdiction for disputes arising from these Terms.
  • Indemnification Clause
    You agree to indemnify, defend, and hold harmless 4 Wise Monkey its affiliates, directors, employees, agents, and partners from any claims, liabilities, damages, losses, costs, and all legal expenses (including all attorneys' fees) arising out of or related to:
    • Your use or misuse of the Product.
    • Your violation of these Terms, the Privacy Policy (PP), or the End User License Agreement (EULA).
    • Your breach of any rights of another person or entity.
    • This indemnification obligation shall survive the termination or expiration of:
  • Class Action Waiver
    You agree that any claims or disputes must be brought on an individual basis and not as part of a class action lawsuit. You waive any right to participate in any class action, collective, or representative proceeding against 4 Wise Monkey.
  • Dispute Resolution
    Before initiating any dispute resolution proceedings (mediation, arbitration, or litigation), the complaining party must
    • Provide a written notice to the other party outlining the nature of the dispute.
    • The Company must be given at least 30 days to study and understand the nature of the dispute before any legal action is taken.
    • In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Product, the parties shall first attempt to resolve the dispute through good faith negotiations.
    • If the negotiations do not resolve the dispute after 90 days, the parties agree to proceed mediation through a mutually agreed mediator in Nepal.
    • All the costs of mediation shall be initially borne by the User bringing the claim. However, if the mediation results in a finding that 4 Wise Monkey is at fault, the Company shall cover only its proportionate share of the mediation costs.
  • Arbitration Clause
    If mediation fails, the dispute shall be resolved through binding arbitration in Kathmandu, Nepal, under the Arbitration Act of Nepal (1999). The arbitration shall be conducted in English (or Nepali, if both parties agree). Each party shall bear its own legal fees and arbitration costs.
  • Changes to Terms
    The Company may revise these Terms at any time. Updated versions will be posted on the Company’s website. Users will be notified via the Product features such as in-app popup and/or in-app/push notifications. The Users are urged to check for the update from time to time.
    Your continued use of the Product signifies your acceptance of the revised Terms.
  • Force Majeure
    4 Wise Monkey shall not be held liable for any failure to perform or delay in performing its obligations under these Terms due to circumstances beyond its control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, pandemics, technical failures, platform restrictions, compliance with new legal regulations or government action.
  • Data Retention & Deletion
    Upon termination of your account, 4 Wise Monkey may retain your data for a period required for legal, security, and business purposes. You may request account deletion, but certain information may be retained as required by law or fraud prevention policies.
  • Contact Information
    For questions about these Terms, you can contact us at: info.4wisemonkey@gmail.com
  • Severability Clause
    If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. A provision that is deemed unenforceable shall be replaced with a valid provision that most closely reflects the intent of the original provision.

By using the Product, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.